Here is the short answer many immigrant families in Westchester are looking for: in New York, your immigration status does not bar you from inheriting. Foreign heirs and non-citizen beneficiaries can inherit New York property through the Surrogate’s Court, and a green-card holder or non-citizen can be named in a will or receive an intestate share like anyone else. What changes is not the right to inherit but the paperwork and tax treatment attached to it. And because immigration is governed by separate federal law, the smartest mixed-status families plan on two tracks at once. This post walks through a typical scenario to show where those tracks cross.
Meet the Petrov Family: A Typical Westchester Scenario
Imagine the Petrovs, a family in Westchester County. Anna is a U.S. citizen, her husband Mikhail is a green-card holder, his mother Galina is a non-citizen living abroad, and their adult son is still working through his own immigration case. When a family member passes, three different questions surface at once: who inherits, how the estate is taxed, and whether anyone’s immigration status complicates the documentation. New York estate law answers the first two. Federal immigration law answers nothing about inheritance directly — but it shapes who is present, who can travel, and which specialist each person needs.
What New York Law Says About Inheriting
If there is a valid will, New York follows it. A will must meet EPTL §3-2.1: signed at the end by the testator, with two attesting witnesses and proper publication. If there is no will, EPTL Article 4 (intestacy) controls who inherits — and citizenship is not a disqualifier. A non-resident, non-citizen relative like Galina can still receive her intestate share.
The estate is administered through the New York Surrogate’s Court, and the person managing it carries real responsibilities — see our overview of executor duties. When heirs live abroad, expect added steps: identity and kinship documentation, possible tax-withholding on distributions, and longer timelines. None of this blocks the inheritance; it simply means a foreign or non-citizen heir’s file needs more care.
The Non-Citizen Spouse Trap (and the QDOT Fix)
This is the single most important estate point for mixed-status couples. The federal unlimited marital deduction — which normally lets a spouse inherit estate-tax-free — does not apply when the surviving spouse is not a U.S. citizen. So if Mikhail were the non-citizen survivor, the usual spousal shelter would not automatically protect the transfer.
The standard fix is a QDOT (Qualified Domestic Trust), which preserves the deferral for a non-citizen spouse. This sits alongside New York’s own estate tax, where 2026 planning must respect the cliff:
| New York Estate Tax (2026) | Amount |
|---|---|
| Basic exclusion amount | $7,350,000 |
| Cliff threshold (105%) | $7,717,500 |
Cross the cliff and the estate loses the entire exemption — a harsh result that makes proactive planning essential.
Trusts and Documents That Help Mixed-Status Families
New York trusts (EPTL Article 7) give families flexible tools:
- Revocable living trust — avoids probate (helpful when heirs are abroad), but offers no estate-tax savings.
- Irrevocable trust — used for tax reduction, asset protection, and Medicaid planning (mind the 5-year look-back).
- Special needs trust (EPTL 7-1.12) — protects a beneficiary with disabilities without ending benefits.
- Durable power of attorney (GOL §5-1513, 2021 statutory short form) and a health care proxy (Public Health Law Article 29-C) — vital when a family member may be traveling or living outside the U.S.
If relatives disagree about a will or an executor’s conduct, our guide to contested probate explains how disputes move through the Surrogate’s Court.
Where Immigration Comes In — and Stays Separate
Notice what New York estate law does not decide: visas, green cards, adjustment of status, or any federal immigration matter. Estate planning is state law; immigration is federal law (USCIS). They are different practice areas, and the honest takeaway is to use the right specialist for each.
For the Petrovs, that means handling the New York probate and trust work with a New York estate attorney, while the family’s immigration questions go to an immigration lawyer. Because immigration is federal, an immigration attorney can represent clients in any state, including New York. For that side, families — especially Russian- and Ukrainian-speaking households — may want to consult a trusted immigration law firm in South Florida, which handles U.S. immigration matters nationwide. Keeping the two tracks distinct protects you: estate decisions made for immigration reasons (or vice versa) often backfire.
Frequently Asked Questions
Can a non-citizen relative living abroad inherit New York property?
Yes. Non-resident, non-citizen status does not bar inheritance in New York. Expect extra documentation and possible tax-withholding steps when distributing to a foreign heir.
My spouse is not a U.S. citizen — is our estate plan affected?
Likely yes. The unlimited marital deduction does not apply to a non-citizen surviving spouse. A QDOT is the standard tool to preserve the deferral.
Does getting a will or trust help my immigration case?
No. Estate planning is state law and does not affect federal immigration status. They are separate; address each with the right professional.
Should I use one attorney for both probate and immigration?
Generally no. Use a New York estate attorney for probate and trusts, and an immigration attorney for federal immigration matters.
Next Steps for Your Family
For the New York estate and probate side — wills, trusts, QDOT planning, or guiding an estate through Surrogate’s Court — Morgan Legal Group can help; you can book a consultation or start with our Surrogate’s Court guide. For the federal immigration side, reach out to the immigration firm referenced above. Two specialists, two laws, one well-protected family.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
Further reading from Morgan Legal Group: .